Accident Case

September 12, 2014: Sessions Case No. 240 of 2013 was listed before Court Room No. 16 presided by His Honor Judge Mr. D. W. Deshpande. My advocates appeared on my behalf. The Special Public Prosecutor Mr. Pradip Gharat along with Mr. Jagannath Kenjalkar appeared on behalf of the State of Maharashtra. The Investigating Officer and the police inspector from Bandra Police Station were present as well.  

The Police Inspector from Bandra Police Station submitted a report in court, stating that the original documents have been traced. He also furnished all the original documents, which have been traced as per the said report. However, the Special Public Prosecutor requested for more time to trace the original statement of one of the witnesses who has already been examined. His request was granted by the Hon’ble Sessions Court. The Hon’ble Sessions Court then directed the Investigating Officer to file his report explaining the procedure and enquiry undertaken in ascertaining the causes of losing the original papers and also, as to how they have been traced.

My advocates filed an application seeking exemption of my personal appearance for the day, and the same was granted. My advocates requested the court to direct the prosecution to tender a copy of the original documents to my advocates and also allow my advocates to verify the same with their originals, in order to avoid any possibility of variance in the copies of the documents. The Hon’ble Court granted the request of my advocates.

My advocates argued at length and requested the prosecution to inform which witnesses would be examined on the next date of hearing, well in advance. The Hon’ble Sessions Court granted the request of my advocates and directed the prosecution to inform my advocates, in advance, regarding the witness who would be examined on the next date of hearing.

An advocate appeared and filed his vakalatnama on behalf of Times Global Broadcasting Company Limited and Ms. Megha Prasad in the Application at Exhibit 58 filed by my advocates. Ms. Megha Prasad and Mr. Manish Wadkar (on behalf of Times Global Broadcasting Company Limited) were also present. The advocate for Times Global tendered an apology on behalf of Ms. Megha Prasad and Mr. Manish Wadkar. My advocates sought directions from the Hon’ble Court for removing the contents of the interview conducted by Ms. Megha Prasad from the internet, to which Times Global’s advocate gave an assurance that the same shall be removed. In view thereof, the Hon’ble Sessions Court passed an order disposing of Application Exhibit 58 by recording the apology tendered and the assurance given by Ms. Megha Prasad and Mr. Manish Wadkar.

 Thereafter, the Hon’ble Sessions Court listed the Sessions Case No. 240 of 2013 on September 24, 2014 for examination of further witnesses.

Jodhpur Case

September 5, 2014: State of Rajasthan (Petitioner) has filed a Special Leave Petition (Criminal) 5218 of 2014 (SLP), before the Hon’ble Supreme Court of India, challenging the order passed by the Hon’ble High Court of Judicature for Rajasthan at Jodhpur, suspending the order of conviction passed against me by the Chief Judicial Magistrate, Jodhpur and confirmed by the Hon’ble Sessions Court, Jodhpur. I have filed my counter-affidavit to the SLP. The SLP was listed before Justice Mr. S.J. Mukhopadhyay and Justice Mr. P.C. Pant. My advocates appeared on my behalf.

On request of the Petitioner, the Hon’ble Court directed them to file rejoinder to my counter-affidavit within 2 weeks and further directed the matter to be listed for final disposal on October 28, 2014. 

Accident Case

August 21, 2014: Sessions Case No. 240 of 2013 was listed before Court Room No. 16 presided by His Honor Judge Mr. D. W. Deshpande. My advocates appeared on my behalf. The Assistant Public Prosecutor appeared on behalf of the State of Maharashtra. A police inspector from Bandra Police Station was present as well.  

The Police Inspector from Bandra Police Station submitted another report in court this morning explaining the loss of original documents. A copy of the report was given to my advocates in court itself. My advocates argued at length that the police authorities have not followed the correct procedure with respect to submitting all the original documents with the court at the time of trial. My advocates also argued that the police authorities are not following the procedure in case of loss of original documents and insisted that the then Investigating Officer ought to file an affidavit explaining the loss of the original documents. My advocates submitted that in absence of the original records such as the station diary, original F.I.R. and original statement of witnesses, there will be serious prejudice against me. The Hon’ble Sessions Court has directed us to file my say to the said report and accordingly adjourned the matter to September 12, 2014.

 With regard to the Times Now application, no one was present on behalf of Times Now. The Hon’ble Court has granted them time till September 12, 2014 to file their say to the application, failing which the Hon’ble Court will decide the application without their say, on September 12, 2014.

Accident Case

July 25, 2014: Sessions Case No. 240 of 2013 was listed before Court Room No. 16 presided by His Honor Judge Mr. D. W. Deshpande. My advocates appeared on my behalf. The Assistant Public Prosecutor appeared on behalf of the State of Maharashtra. A police inspector from Bandra Police Station was present as well.  

The Police Inspector filed a report regarding the original statements of witnesses recorded before the Police and sought an adjournment to trace the same. His Honour Judge Mr. D. W. Deshpande granted a period of 15 days to Bandra Police Station to trace the original statements. His Honour Judge Mr. D. W. Deshpande also directed the Additional Chief Metropolitan Magistrate, 9thCourt, Bandra to trace and submit the original records of the matter, if any part of the same are not submitted till date.

My advocates filed an application for exemption from personal appearance for today and the same was granted by the Hon’ble Court.

My advocates also filed an application seeking appropriate directions in respect of an interview of a witness conducted by a reporter of news channel Times Now, on June 23, 2014 after the witness gave evidence in the Court. The said application was taken on record and marked as an Exhibit. The Hon’ble Court has issued notice to Times Now, the reporter who conducted the interview and the State of Maharashtra for their say, and has listed the said application on the next date of hearing. 

Accident Case

June 25, 2014: Sessions Case No. 240 of 2013 was listed before Court Room No. 16 presided by His Honor Judge Mr. D. W. Deshpande. My advocates appeared on my behalf. The Assistant Public Prosecutor appeared on behalf of the State of Maharashtra. A police inspector from Bandra Police Station was present as well. I was also present in court.

The Assistant Public Prosecutor stated that the Prosecution intended to examine two more witnesses today. However, the original statements of the two witnesses, which were recorded before the Police were not traceable and thus, the Assistant Public Prosecutor sought an adjournment to bring the same on record.

 The matter is now listed on July 25, 30 and 31, 2014 for examination of the two witnesses of today and other witnesses.

Accident Case

June 24, 2014: Sessions Case No. 240 of 2013 was listed before Court Room No. 16 presided by His Honor Judge Mr. D. W. Deshpande. My advocates appeared on my behalf. The Assistant Public Prosecutor appeared on behalf of the State of Maharashtra. A police inspector from Bandra Police Station was present as well. I was present in court as well. 

The Assistant Public Prosecutor conducted the examination-in-chief of Sachin Gangaram Kadam, during which he contradicted the statement made by him before the police. Hence, Mr. Kenjalkar requested court’s permission to declare him hostile and give him an opportunity to cross-examine him. The court allowed the Assistant Public Prosecutor to cross examine Sachin Gangaram Kadam. Thereafter, my advocate cross-examined Sachin Gangaram Kadam. Then, Mr. Kenjalkar conducted examination-in-chief of Mohamad Abdullah Rauf Sheikh and then my advocate cross-examined Mohamad Abdulla Rauf Sheikh. Mr. Kenjalkar then filed a report of service of summons upon other witnesses. The matter is now listed tomorrow viz., June 25, 2014 for examination of other witnesses.

Accident Case

June 23, 2014: Sessions Case No. 240 of 2013 was listed before Court Room No. 16 presided by His Honour Judge Mr. D. W. Deshpande. My Advocates appeared on my behalf. The Assistant Public Prosecutor appeared on behalf of the State of Maharashtra. A police inspector from Bandra Police Station was present as well.

The Assistant Public Prosecutor examined two witnesses, being (i) Ram Ashray Pandey and (ii) Rizwan Ali Rakhangi who were cross-examined by my Advocates.

The Advocate appearing on behalf of CNN-IBN filed a pursis in response to the application filed by me in respect of incorrect reporting by them, inter alia, stating that they shall only report what factually transpires in court and nothing more.

The matter is now listed on June 24, 2014, for examination of other witnesses.

Jodhpur Case

April 24, 2014 – I have filed a Criminal Miscellaneous Petition before the Hon’ble High Court of Judicature for Rajasthan, at Jodhpur, against the order dated April 4, 2014, passed by the Sessions Court.

Accident Case

May 20, 2014: Sessions Case No. 240 of 2013 was listed before Court Room No. 16 presided by His Honour Judge Mr. D. W. Deshpande. My Advocates appeared on my behalf. The Assistant Public Prosecutor appeared on behalf of the State of Maharashtra. A police inspector from Bandra Police Station was present as well.

Before the commencement of the examination, an Advocate appeared on behalf of CNN-IBN and requested for time to file their say in response to the application filed by me. The Advocate also made a statement before the Court that the offending tweets, posted on May 19, 2014, have been withdrawn by CNN-IBN. The said statement was recorded by the court and CNN-IBN has been directed to file their say by June 23, 2014.

The Assistant Public Prosecutor examined one witness, being Mr. Francis Damien Fernandes, and my advocates cross-examined him. The matter is now adjourned to June 23, 2014, for examination of the remaining witnesses.

Accident Case

May 19, 2014: Sessions Case No. 240 of 2013 was listed before Court Room No. 16 presided by His Honour Judge Mr. D. W. Deshpande. My Advocates appeared on my behalf. The Assistant Public Prosecutor appeared on behalf of the State of Maharashtra. A police inspector from Bandra Police Station was present as well.

The Assistant Public Prosecutor examined two witnesses, being (i)   Mr. Malay Samarendra Bag, and (ii) Mr. Balu Laxman Muthe, and my advocates cross-examined these witnesses. The case is part-heard and is now adjourned to May 20, 2014 for continuing the examination of other witnesses.

Subsequently after the conclusion of the hearing of the matter, for the day, CNN-IBN tweeted certain factually incorrect misleading information through their twitter handle, “@ibnlive”, prejudicing my right to a fair trial guaranteed under the Constitution of India. In view thereof, my advocates immediately filed an application at 3PM today, seeking appropriate directions/guidelines with regard to the manner, the accident case should be reported by the media. The said application was taken on record and marked as Exhibit. Further the Hon’ble Court has issued notice to CNN-IBN. The said application is posted for hearing at 11 am on May 20, 2014. A copy of the same has been served on the Asst. Public Prosecutor, as well.